Mediation/Alternative Dispute resolution is a key component of the

Justice Reform Initiatives Support (JURIS) Project of the Supreme Court

of the Philippines Action Program for Judicial Reform. The JURIS Project
is implemented by the Philippine Judicial Academy, The Alternative Law
Groups, The Office of the Court Administrator and the Supreme Court
of the Philippines-Program Management Office. It is supported by the
Canadian International Development Agency through the National
Judicial Institute.
THE QUEST FOR JUSTICE THROUGH THE JUDICIARY
Everyday about 2,130 judges and 26,238 court personnel
across the country contend with over 780,000 cases before
the courts, excluding the Supreme Court of the Philippines.
Despite this severe case overload, Filipinos keep choosing to
bring their case to court, unaware of other legal remedies. The
poor and marginalized groups, in turn, often avoid legal
matters entirely. Many are discouraged by the high cost of
litigation, the case delays and a perceived bias favoring rich
and educated litigants.
The Supreme Court of the Philippines embarked on the Action
Program for Judicial Reform (APJR) to confront these and several
other issues that negatively affect the quality and delivery of
judicial services.
In support of the APJR, the Canadian International
Development Agency (CIDA) helped develop the Justice
Reform Initiatives Support (JURIS) Project. The five-year JURIS
Project addresses two elements of the APJR: strengthen and
promote the use of mediation and Alternative Dispute
Resolution (ADR) to decongest the courts and improve the
Filipinos access to justice, especially among the poor.
Underlying the design of JURIS are commitments to ensuring
the project is locally driven; building the capacity of
organizations involved, both within and outside of
government, who will be in a position to ensure sustainability
of project activities; and to building a platform for ongoing
judicial reform among a broad range of stakeholders.
JURIS Project Management | Partners for Reform
Justice Reform Initiatives Support Project in the Philippines
Project Management
The project is managed by a Joint Project Steering Committee, chaired

by the Hon. Chief Justice of the Supreme Court of the Philippines with
the following members:

Chancellor, Philippine Judicial Academy

Head of Aid, Canadian International Development Agency
(Manila)
Court Administrator
Judicial Reform Program Administrator, Program Management
Office, Supreme Court
Project Coordinator, Alternative Law Groups
Lead Convenor, Alternative Law Groups
Executive Director, National Judicial Institute
Project Team Leader, CIDA Headquarters

JURIS Project Components

The Mediation/ADR Strengthening component will develop 6 model
courts over a five year period, starting in San Fernando, Pampanga and
Bacolod City to introduce and test court-annexed mediation and
Judicial Dispute Resolution as a means of decongesting court dockets
while still providing a fair resolution to cases. These model courts are
foreseen to encourage further support and acceptance of
mediation/ADR methods among stakeholders.
Judicial Education will strengthen the capacity of the Philippine
Judicial Academy (PHILJA), the legal and judicial education arm of the
Supreme Court, to plan, design and deliver education programs for
judges and court-personnel related to mediation/ADR and access to
justice.
Reform Advocacy involves networking and collaboration between the
Judiciary and civil society in cooperative advocacy efforts by engaging
the support of government and other institutions through the
Alternative Law Groups, Inc. (ALG). It strengthens ALGs capacity to
help empower poor and marginalized groups to use judicial and quasijudicial services.
About the Philippine Mediation Center
Pursuant to Supreme Court en banc Resolution A.M. No. 01-10-5-SCPHILJA, dated October 16, 2001, and in line with the objectives of the
Action Program for Judicial Reforms (APJR) to decongest court dockets,
among others, the Court prescribed guidelines in institutionalizing and
implementing the mediation program in the Philippines. The same
resolution designated the Philippine Judicial Academy as the
component unit of the Supreme Court for Court-Annexed Mediation and
other Alternative Dispute Resolution (ADR) Mechanisms, and

established the Philippine Mediation Center (PMC).

Pending the formal creation of a more organized and structured
Philippine Mediation Center, a Mediation Division at the Judicial
Reforms Office of the Philippine Judicial Academy-Supreme Court, was
established to oversee and manage Mediation Center Units all over the
country.
Since its inception in 2001, the Mediation Center Units have grown
from seventeen (17) units in the National Capital Region to One
Hundred Thirteen (113) Units located in Ten (10) out of the Thirteen
(13) Regions in the country.
An internship program is now on-going in Malolos Bulacan which shall
serve as our launching center in the Province of Bulacan. After the
training and accreditation of the Mediator/Interns, it is expected that
the most if not all the Metropolitan Trial Courts outside Malolos will
have their own Mediation Units.
Preparations are also in full swing for the establishment of PMC Units in
Zamboanga, Tuguegarao, Dumaguete and Pangasinan.
About Mediation
Click to see Overview of Mediation Process
Mediation is a process of settling disputes with the assisstance of an
acceptable, impartial and neutral third party called a mediator. The
mediator helps parties identify issues and develop proposals to
resolve their disoutes. Once the parties have arrived at a mutually
acceptable arrangment, the agreement becomes the basis for the
courts decision on the case.
CHAPTER II
About Alternative Dispute Resolution
Mediation is a process of settling disputes with the assisstance
of an acceptable, impartial and neutral third party called a
mediator. The mediator helps parties identify issues and
develop proposals to resolve their disoutes. Once the parties
have arrived at a mutually acceptable arrangment, the
agreement becomes the basis for the courts decision on the
case.
This form of mediation is also known as court-annexed
mediation since the case has already been filed in court.

Judicial Dispute Resolution

(JDR) is another innovation in
the Philippine court system.
When court-annexed
mediation fails, the case is
brought to the judge who
then acts as a conciliator, a
neutral evaluator and a
mediator. The judge will try to
mediate the case. If the
judges intervention as a mediator succeeds, the case is
concluded with a judgment based on a compromise. If the
dispute is still unresolved, then the case is referred to another
judge for trial. Both parties must now be prepared for
litigation.
PARTNERS FOR REFORM
CIDA commissioned the National Judicial
Institute, a Canadian non-profit
organization engaged in judicial
education, to act as Canadian Executing
Agency and oversee the implementation
of the JURIS Project in the Philippines.
The JURIS Project has identified three
important partners to achieve its goals:

Local Project Office :

2008 Jollibee Plaza, Emerald
Avenue,
Ortigas Center 1605
TeleFax: 631-0258
jurispropldtdslnet

3/F Supreme Court of the Philippines

Philippine Judicial Academy
Centennial Building,
The Philippine Judicial Academy was
Taft Ave. corner Padre Faura
created by the Supreme Court in 1996
Ermita, Manila
and established by RA 8557 as a
training school for justices, judges, court Tel: 552-9522
Fax: 552-9526
personnel, lawyers and aspirants to
judicial posts. It is the Academys
philjaadryahoocom
mission to bring about an
institutionalized, integrated, and
professionalized system of continuing
judicial education for justices, judges,
court personnel and lawyers aspiring for
judicial positions.
Alternative Law Groups (ALGs, Inc.)

Room 215, Institute of Social Order,

Social Development Complex,

Ateneo de Manila University,
Loyola Heights, Quezon City
Tel: 426-8569 / 426-6001 ext. 4865

The Alternative Law Groups or ALG is a

coalition of non-government
organizations with legal program
componenets to adhere to the principles
secretariatalternativelawgrou
and values o alternative or
developmental law. These organizations ps.org
have distinct programs for
developmental legal assistance that is
primarily concerned with the pursuit of
public interest, respect fo rhuman rights
and promotion of social justice.
National Judicial Institute
The National Judicial Institute is an
independent, non-profit organization that
serves the Canadian judiciary, by
planning, coordinating and delivering
judicial education dealing with the law,
the craft of judging and social context.
The CAse for Mediation - See FAQS
Lawyers, Judges_and You - See FAQS
Procedures - the Road to Mediation - See FAQS
Mediation in Court of Appeals - See FAQS
Glossary:
Glossary and Abbreviations
AAO. Academic Affairs Office
AC. Administrative Circular
ADR. Alternative Dispute Resolution
Adjudication. Adjudication describes any form of formal dispute resolution process
I which the parties litigate cases through the presentation of evidence and argument
to a neutral third party who has the power to render binding decisions based on
objective standards, rules or laws. Adjudication is used in many forums --- judicial
(courts), administrative (tribunals), and arbitral (boards of arbitration). Adjudicative
processes are rights-based and positional.
Alternative Dispute Resolution (ADR). ADR is a widely used term referring to the
entire range of dispute resolution options outside the traditional administrative,
judicial or legislative decision-making process.
AM. Administrative Matter
APJR. Action Program for Judicial Reform
Arbitration. Arbitration is an adjudicative form of dispute
resolution involving a mutually acceptable neutral third party

(arbitrator) empowered to make a decision on the merits after an

informal hearing that usually includes presentation of evidence and
oral argument. Arbitral decisions are generally binding and subject
to limited judicial review. In exceptional cases, decisions are treated
as non-binding and the right yo proceed to trial is preserved.
Arbitration may be voluntary (by private agreement) or compulsory
(by legislation or through a public court-annexed program). Instead
of a single arbitrator, a panel (generally a tripartite board) may be
used. Final offer selection is a version of arbitration where the
arbitrator chooses between best offers submitted by parties.
Arbitration is widely used for labor relations and commercial
disputes.
BCC. Branch Clerk of Court
CA. Compromise Agreement
CAM. Court-Annexed Mediation
Caucus. A private session between the mediator and any one party in which the
mediator explores the issues involved in the case and the options available to the
parties to resolve the matter. if the mediator meets separately with one party, the
mediator will almost always then meet separately with the other parties to the
mediation.
CIDA. Canadian International Development Agency
COC. Clerk of Court
Compromise Agreement. The settlement of a dispute by mutual concession. When
approved by the court, the compromise agreement will have the force and effect of a
court decision. As such, the compromise agreement may be enforced by the court
through execution of judgment.
Conciliation. Conciliation is a process in which a neutral third party (conciliator)
conveys information between parties and attempts to improve direct communication
between them. The conciliator often prepares a report that describes the scope of
agreement and disagreement. The role of a conciliator is more passive than a
mediator. Conciliaton is most often used in collective bargaining disputes.
Conflict. Conflict is usually based upon a difference over goals, objectives, or
expectations between individuals or groups. Conflict also occurs when two or more
people, or groups, compete over limited resources and/or perceived, or actual,
incompatible goals.
Conflict Resolution. A process of resolving a dispute or disagreement.
Consensus. A mutually acceptable agreement that takes into consideration the
interests of all concerned parties. An agreement reached through consensus may not
satisfy each participants interests equally or receive a similar level of support from
all participants.
Court-Annexed Mediation (CAM). Court-annexed mediation is a voluntary process
wherein the court may advise parties to submit their case for mediation so that hey
may be assisted by neutral party to facilitate their discussions or negotiations towards
a workable solution to the problem. The parties maintain their rights to proceed to
trial if mediation fails. Any settlement that is reached becomes a judgment of the

court.
DMC. Design and Management Committee
DS. Daily Supervisor (Mediation Unit)
Early Neutral Evaluation (ENE). Early Neutral Evaluation is a non-binding
process in which a neutral third party (facilitator) manages the discussion between
parties that are attempting to reconcile divergent views and reach agreement on
issues or tasks. Facilitation is used in a wide variety of settings including
management meetings and public consultations.
EJ. Executive Judge
ENE. Early Neutral Evaluation
Fact-Finding. Fact-finding is a process by facts relevant to a controversy are
determined by a designated person and a resolution of issues recommended or
determined. Parties decide in advance to treat the results as conclusive or advisory. If
advisory, fact-finding is sometimes referred to as non-binding arbitration. The factfinder may be a neutral third party or an expert in a relevant field. The fact-finder
may be jointly selected by parties or provided by a public body. Fact-finding may be
used as part of a broader dispute resolution process such as negotiation, mediation, or
arbitration. It is often used to gather information regarding public sector collective
agreements and to address scientific or technical issues.
GC. Grievance Committee
IBP. Integrated Bar of the Philippines
JDR. Judicial Dispute Resolution
JPSC. Joint Project Steering Committee
JRO. Judicial Reforms Office
Litigation. Litigation is a formal, rights-based adjudicative process that depends on
each party advancing position, presenting evidence, and making arguments before a
neutral third party decision-maker. Litigation is used in trial and hearings.
Mediation. Mediation is a process of assisted negotiation that relies on a neutral
third party (mediator) to help parties reach a mutually agreeable resolution.
Participation by the parties may be voluntary (by private agreement) or mandatory
(through a public program such as court-annexed mediation). Whether attendance is
voluntary or mandatory, settlements are consensual; the mediator has no authority to
impose result. Settlements reached through mediation are binding upon the parties.
Forms of mediation include evaluative, problem-solving, facilitative, transformative,
and therapeutic.
Mediation/Arbitration (MED/ARB). Med/Arb is a process in which parties agree
that mediation will be followed by arbitration of unresolved issues. In med/arb the
same neutral third party generally perform both roles. Med/Arb is becoming
increasingly popular in the lbor-relation area. the reverse (Arb/med) is also used in
some circumstances.
Mediation Conference. A discussion among the disputing parties, their counsel, and
the mediator, to explore options for settling a dispute.
Mediator. Mediators are trained individuals who will attempt to assist the parties to
reach a mutually acceptable resolution of their dispute.
MeTC. Metropolitan Trial Court
MIMC. Monthly Inventory of Mediatable Cases

Mini-Trial. A mini-trial is flexible two-stage process in which a counsel presents a

summary version of each case to business representatives of each side who then
attempt to negotiate a settlement. A neutral third party may facilitate the information
exchange. The neutral third party may also mediate during the settlement
negotiations and may provide an advisory opinion on the potential court outcome.
MTC. Municipal Trial Court
MTCC. Municipal Trial Court in Cities
Negotiation. Negotiation is a process in which parties communicate directly or
indirectly for the purpose of reaching an agreement. Approaches to negotiation
include competitive, cooperative, and integrative. Negotiation may be based on
power, rights, or interests. Negotiation may be conducted by parties themselves or by
agents.
NJI. National Judicial Institute of Canada
OCA. Office of the Court Administrator
OCC. Office of the Clerk of Court
OIC. Officer-in-Charge
PHILJA. Philippine Judicial Academy
PJ. Presiding Justice/Judge
PMC. Philippine Mediaton Center
PMFI. Philippine Mediation Foundation, Inc.
Pre-Trial Conference. Pre-Trial Conference, a conference held after the pleadings
have been filed and before the trial begins, for the purpose of bringing the parties
together to outline discovery proceedings and define the issues to be tried. Courts
often use the pre-trial conference as an opportunity to encourage settlement.
RTC. Regional Trial Court
SC. Supreme Court
SC-PIO. Supreme Court Public Information Office
SC-PMO. Supreme Court Program Management Office

Requirements of a Mediator
Become a Mediator
What does a mediator do?
During mediation proceedings, the mediator acts as an Officer of the
Court. He/She monitors and analyzes what is happening, sets the order
of discussion and keeps track of time, determines ther eal issues
behind the conflict, manages the interaction and facilitates
communication. He/She patiently hears both sides of the story without
judgment and helps each side understand the other's perspective. The
mediator then elicits from the parties positive suggestions or optins to
help resolve the problem and helps them prepare the Compromise
Agreement.

How does one become an accredited mediator?

1. First a prospective mediator must submit the following:
- Filled-up Personal Information Sheet (Download Here)
- Curriculum vita with 2x2 photo
- College school records
- National Bureau of Investigation / Police Clearance and
- Certificate of Good Moral Character from two persons not related to the applicant
2. PHILJA will then administer a written comprehension exam and interview each
applicant.
3. Next, qualified applicants must complete the following:
- Basic Mediation Seminar-Workshop
- Four-week Internship Program
4. PHILJA will evaluate the overall performance of each trainee/aplicant and, on the basis
of this evaluation, submit its recommendation of mediators for accreditation to the
Supreme Court.
5. The Supreme Court en banc approves the accreditation of the mediators.
What are the minimum qualifications
of a mediator?
Bachelor's degree
At least
30 years of age
Of good moral character
Willing to learn new skills and render public service
Proficient in oral
and written communication in English and Filipino